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YOUNG CLASS ACTION LAWSUIT
SUPREME COURT RULES FOR THE PLAINTIFFS!

The Supreme Court reversed the Court of Appeals in concisely written opinion and ruled that the State should have paid all Plaintiffs at the rate of time and one half and not the fluctuating half time rate.

In addition, the Court concluded that due to the plain wording of the statute, the State did not have a defense that would allow it to escape its obligation for "penalty pay," which means that all employees who have terminated their employment with the State of Oregon should now be receiving a month's severance pay absent a few statutory exceptions such as a termination by the State for specific reasons.

The State can petition for reconsideration, and if it does so, there will be approximately a six-month delay. Due to the fact that there was no dissent in the opinion, I do not anticipate that a petition for reconsideration would be successful.

Obviously, we have no idea when this matter will be actually settled with payments made to all of the Plaintiffs. When I have an indication of the timelines that will be involved, I will post that on our Web page.

Meanwhile, please ensure that we have your correct mailing address, your correct work, and home numbers and your correct e-mail address.

The text of the decision may be found at the State's Web page at: www.ojd.state.or.us/rules and then go to: Opinions, Supreme Court and April 13, 2006.

Sincerely,

Snyder & Hoag, LLC
PO Box 42021
Eugene, OR 97401

541-342-8100

Email: jhoag@snyderandhoagllc.com


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